… “From economic uncertainty to workplace strife, the mere specter of the mandate has contributed to untold economic upheaval in recent months,” wrote Judge Kurt D. Engelhardt.
He added: “Of course, the principles at stake when it comes to the mandate are not reducible to dollars and cents. The public interest is also served by maintaining our constitutional structure and maintaining the liberty of individuals to make intensely personal decisions according to their own convictions — even, or perhaps particularly, when those decisions frustrate government officials.”
He was joined by Judges Edith H. Jones and Kyle Duncan. All three are Republican appointees.
The Biden administration is likely to appeal, but a Justice Department spokeswoman did not immediately respond to a request for comment.
Regardless, the ruling by the panel of the Fifth Circuit is unlikely to be the final word. Some challenges to the mandate are in other circuits, and the cases will be consolidated before a randomly chosen one of those jurisdictions. The Supreme Court is expected to eventually decide the matter...